Senate Bill 2917

(As Sent to Governor)

AN ACT TO AMEND SECTION 21-17-5, MISSISSIPPI CODE OF 1972,
TO AUTHORIZE MUNICIPALITIES TO ENACT LEAVE POLICIES TO ENSURE THAT PUBLIC
SAFETY EMPLOYEES RECEIVE THE SAME HOLIDAY BENEFITS AS OTHER MUNICIPAL EMPLOYEES
WHEN THE PUBLIC SAFETY EMPLOYEE'S REGULAR DAY OFF OCCURS ON A LEGAL HOLIDAY;
AND FOR RELATED PURPOSES.

21-17-5.
(1) The governing authorities of
every municipality of this state shall have the care, management and control of
the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of
general law, the governing authorities of municipalities shall have the power
to adopt any orders, resolutions or ordinances with respect to such municipal
affairs, property and finances which are not inconsistent with the Mississippi
Constitution of 1890, the Mississippi Code of 1972, or any other statute or law
of the State of Mississippi, and shall likewise have the power to alter, modify
and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section,
the powers granted to governing authorities of municipalities in this section
are complete without the existence of or reference to any specific authority
granted in any other statute or law of the State of Mississippi. Unless otherwise provided by law, before
entering upon the duties of their respective offices, the aldermen or
councilmen of every municipality of this state shall give bond, with sufficient
surety, to be payable, conditioned and approved as provided by law, in a
penalty equal to five percent (5%) of the sum of all the municipal taxes shown
by the assessment rolls and the levies to have been collectible in the
municipality for the year immediately preceding the commencement of the term of
office of said alderman or councilman; however, such bond shall not exceed the
amount of One Hundred Thousand Dollars ($100,000.00). Any taxpayer of the municipality may sue on such bond for the use
of the municipality, and such taxpayer shall be liable for all costs in case
his suit shall fail. No member of the
city council or board of aldermen shall be surety for any other such member.

(2)
Unless such actions are specifically authorized by another statute or
law of the State of Mississippi, this section shall not authorize the governing
authorities of municipalities to (a) levy taxes of any kind or increase
the levy of any authorized tax, (b) issue bonds of any kind, (c) change the
requirements, practices or procedures for municipal elections or establish any
new elective office, (d) change the procedure for annexation of additional
territory into the municipal boundaries, (e) change the structure or form of
the municipal government, (f) permit the sale, manufacture, distribution,
possession or transportation of alcoholic beverages, (g) grant any donation, or
(h) without prior legislative approval, regulate, directly or indirectly, the
amount of rent charged for leasing private residential property in which the
municipality does not have a property interest.

(3)
Nothing in this or any other section shall be construed so as to prevent
any municipal governing authority from paying any municipal employee not to
exceed double his ordinary rate of pay or awarding any municipal employee not
to exceed double his ordinary rate of compensatory time for work performed in
his capacity as a municipal employee on legal holidays. The governing authority of any
municipality, in its discretion, may enact leave policies to ensure that public
safety employees receive the same holiday benefits as other municipal employees
when the public safety employee's regular day off occurs on a legal holiday.

(4)
The governing authority of any municipality, in its
discretion, may expend funds to provide for training and education of newly
elected or appointed municipal officials before the beginning of the term of
office or employment of such officials.
Any expenses incurred for such purposes may be allowed only upon prior
approval of the governing authority.
Any payments or reimbursements made under the provisions of this
subsection may be paid only after presentation to and approval by the governing
authority of the municipality.

SECTION 2. This act shall take effect and be in force
from and after its passage.